A Dictionary of Law
1st edition, 1891 — browse every term in this dictionary, A–Z.
Showing the 11,175 terms defined in A Dictionary of Law. Browse all dictionaries
In French marine law. A ehart.
- Carte Blanchedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Bouvier (1839)
A white sheet of paper; an instrument signed, but otherwise left blank, A sheet given to an agent, with the principal’s signature appended, to be filled up with any contract or eng
- Carteldefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
An agreement between two hostile powers for the delivery of prisoners oer deserters. Also a written challenge to fight a duel.
A vessel commissioned in time of war to exchange the prisoners of any two hostile powers; also to carry any particularly ordered to carry no cargo, ammunition, or implements of war
Carriers who (ransport goods and merchandise in carts, usually for short distances, for hire.
<A piace where papers or records are kept.
or CARUA. A plow.
In old English law. A kind of tax or tribute anciently imposed upon every plow, (carwe or plow-lind,) for the D public service. Spelman.
- Carucatadefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Acertain quantity of land used as the basis for taxation. As much land as may be tilled by a single plow ina year anda day. Also, a team of cattle, or a eart-lowd.
One who held landa in carvage, or plow-tenure. Cowell.
A carve of land; piow-lana) F Britt. ¢. 84.
The same as carucage, (9. v.) Cowell. crea
In old English law. A cate or plow-land.
Inold Englishiaw. A house wilh land sufficient for the support of one family. Otherwise called “hida,” a hide of land, and by Bede, “familia.” Spelman.
A vassal or feudal tenant possessing a casata,; that is, having a house, household, and property of his own.
In American practice. Before the argument in the appellate court of a cuse brought there for review, Lhe appellant’s counsel prepares a document or briei, bearing this name, for th
In practice. An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as therein agreed upon and set forth. 8 Whart, 143. Acaseagreedu
Fr. In the law of insurance, A fortuitous event; an inevitable accident. H
- Cashdefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Anderson (1889)Bouvier (1839)
Ready money; whatever can ba used as money without being converted inta another form; that which circulates as money, including bank-bills. Cash payment means the opposite of credi
A record, in book. keeping, of all cash transactions; an account of moneys received and expended,
A formal written enumeration of the facts in a case, assented to by both parties as correct and complete, and submitted to the court by their agreement, in order that a decision ma
- Cash-Bookdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
In book-keeping, an account-book in which is kept a record of all cash transactions, or all cash received and expended. ‘The object of the cash-book is to afford a constant facilit
- Cashierdefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Black's (1891)Bouvier (1839)
n. An officer of a moneyed institution, or commercial house, or bank, who is intrusted with, and whose duty it is to take care of, the cash or money of such institution or bank. 4
v. In military law. To deprive a military officer of his rank and office.
An amercement -or fine; a tmoulct.
In England. A banknote of a provincial bank or of the Bank of England.
A price payable in cash at the time of sale of property, in opposition to a barter or a sale on credit.
A statement in writing of the facts proved on the trial of a cause, drawn up and settled by the attorneys and counsel for the respective parties under the supervision of the judge,
In practice. A case prepared by the party against whom a verdict has been given, upon which to move the court to set aside the verdict and grant a new trial.
- Cassaredefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
To quash; to render void; to break.
- Cassationdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)Bouvier (1839)
In French law. Annulling; reversal; breaking the force and validity of ajudgment. <A decision emanating from the sovereign authority, by which a decree or judgment in the court of
COURT OF. (Fr. cour decassation.) The highest court in France; 80 termed from possessing the power to quash (easser) the decrees of inferior courts. It is a court of appeal in crim
(That the bill be quashed.) In practice. The farm of the judgment rentered for a defendant ona plea in abatement, where the proceeding is by bill; that is, where the suit is commen
({.at. That the writ be quashed.) In practice. The form of the judgment for the defendant on a plea in abatement, where the action was commenced by original writ, (dreve.) 3 Bl. Co
or CASSULA. A garment worn by 4 priest.
- Castdefined inBallentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)
0 In old English practice. To allege, offer, or present; to proffer by way of excuse, (as to “cast an essoin.”) This word is now used as a popular, rather than a technical, term, i
p.p. Overthrown, worsted, or defeated in an action.
or CASTLE, A fortressin a town; the principal mansion of a nobleman,
In old English law. The lord, owner, or captain of a castle: the constable of a fortified rouse; a person having the custody of one of the crown mansions; an officer of the forest.
CASTELLATUS, In old English law. The precinct or jurisdiction of a castle. Blount.
In Saxon and old English law. Castle work. Service and labor done by inferior tenants for the building and upholding castles and public places of defense. One of the three necessar
A court of special jurisdiction, held before the chancellor of the duchy or his deputy, concerning all matters of equity reating to lands holden of the king in right of the duchy o
- Castigatorydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)Bouvier (1839)
An engine used to punish women who have been convicted of being common scolds. It is sometimes called the “trebucket,” “tumbrel,” “ducking- F stool,” or “cucking-stool.”
Offering; alleging by way of excuse. Casting an essoin was alleging an excuse for not appearing in court to an- ep) swer an action. Holthouse.
In feudal law. An impusition anciently Jaid upon such persons K as lived within a certain distance of any castle, towards the maintenance of such as watched and warded the castle.
Inold En- i: glish law. Rents paid by those that dwelt within the precincts of a castle, towards the maintenance of such as watched and warded it.
The act of depriving a il
In the Roman law. Relating to the camp or military service. Custrense peculium, a portion of property which a son acquired in war, or from his connection with the camp. Dig. 49, 17
Lat. In Romanlaw. A camp.: ? In old Enelisn luw. A castle. Bract. fol. 698. A castle, including a manor. 4 Coke, 88.
That which happens accidentally, or is bronght about by causes unknown; fortuitous; the result of chance.
- Casual Ejectordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In practice. The nominal defendant in an action of ejectment; 80 called because, by a fiction of law peculiar to that action, he is supposed to come casuaily or by accident upon th
A phrase used to denote (in contradislinetion to “preappeinted evidence”) all such evidence as happens to be adducible of a fact or event, but which was not prescribed by statute o
A poor person who, in England, applies for relief in a parish other than that of his settlement. The ward in the work-house to which they are admitted is called the “casual ward.”
In English law. Those who are not settled in a parish. Such poor persons as are suddenly taken sick, or meet wilh some accident, when away from home, and who are thus providentiall
In Scotch law. The mails and duties due to the superior in ward-holdings,
- Casualtydefined inCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Inevitable accident; an event not to be foreseen or guarded against. A loss froin such an event or cause; as by fire, shipwreck, lightning,ete. Story, Bailm. § 240.
- Casu Consimilidefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)Bouvier (1839)
In old English law. A writ of entry, granted where tenant by the curtesy, or tenant for life, alienated in fea, or in tail, or for another's life, which was brought by him in rever
A writ of entry framed under the provisions of the statute of Gloucester, (6 Edw. I.,) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or f
- Casusdefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)Stimson (1881)Burrill (1850)
Lat. Chance; accident; an event; & case; a case contemplated.
Lat. An inevitable accident, a chance occurrence, or fortuitous event. A toss happening in spite of all human effort and sagacity. 38 Kent, Comm, 217, 300; Whart. Neg, §§ 118, 553.
In the civil law. A casualty; an extraordinary casualty, as fire, shipwreck, etc. Dig, 44, 7, 1, 4.
- Casus Omissusdefined inCase LawBallentine's (1916)Black's (1910)Black's (1891)Burrill (1850)Bouvier (1839)
A case omitted; an event or contingency for which no provision is made; particularly a case not provided for by the statute on the general subject, and which is therefore left to b
An instrument with which criminals are flogged. It consists of nine lashes of whip-cord, tied on to a wooden handle.
- Catalladefined inBallentine's (1916)Black's (1910)Kinney (1893)Black's (1891)Stimson (1881)Burrill (1850)
Inold English law. Chat tels. The word amoug the Normans primarily signified only beasts of husbandry, or, as they are still called, “cattle,” but, in a secondary sense, the term w
Thescience of polit- Ical economy. CATALLIS CAPTIS NOMINE DIS-
Dead goods or chattels, as distinguished from animals. Idle cattle, that is, such as were not used for working, as distinguished from beasts of the plow; called also animalia otios
For the return of the chattels; an obsolete writ that lay where goods delivered to a man to keep till a certain day were not upon demand redelivered at the day. Reg. Orig. 39.
- Catallumdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
Achattel. Most frequently used in the plural form, catadla, (q. v.)
Goods and chattels. See Ca-
- Cataneusdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
A tenant in capite. A tenant helding immediately of the crown. Spelman.
Acatapult. A warlike engine to shoot darts; a cross-bow.
An old name for an archdeacon. extravagant rate, to an heir or any one who has an estate in reversion or expectancy, to be repaid on the vesting of his interest; or a similar uncon
Things caught, and in the possession, custody, power, and dominion of the party, with a present capacity to use them for his own purposes. The term includes blubber, or pieces of w
Land in Norfolk, 30 called because it is not known to what parish it belongs, and the minister who first seizes the tithes of it, by right of preoccupation, enjoys them for that ye
A name formerly given to a sheriff's deputy, or to a constable, or other ollicer whose duty it is to arrest persons. Je was asort of serjeant. The word is nob now in use as an offi
A torm of logic, meaning direct; unqualified; unconditional.
In logic. <A series or order of all the predicates or attributes contained under a genus.
<A expression used to designate a very distant relation.
In English ecclesiastical law. The chureh of the bishop of the diocese, in which is his cathedra, or throne, and his special jurisdiction; in that respect the principal church of t
In Ienglisu ecclesiastical law. All deaneries, archdeaconries, and canonries, and generally all dignities and offices in any cathedral or collegiate church, below the rank of a bis
In English ecclesiagtical law. A sum of 2s. paid to the bishop by the inferior clergy; but from its being usually paid at the bishop’s syzod, or visitation, if is common!ly named s
In Scoteh Jaw. A creditor whose debt is secured on al!
- Catholic Emancipation Actdefined inCyclopedic (1922)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Burrill (1850)
The slatute of 10 Gea. LV. ¢. 7, by which Roman Catholics were restored, in general, to the full enjoyment of all civil rights, except that of holding ecclesiastical offices, and c
These are certain classes o£ communications, passing betweon persons who stand in a conlidential or fiduciary relation to each other, (or who, on account of their relative situatio
In Roman law. The rule which is commonly expressed in the maxim, Quod ab initio non valet tractu temporis non convalescit, meaning that what is at the beginning void by reason of s
- Cattledefined inU.S. CodeCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Black's (1891)Anderson (1889)
A term which includes the domestic animals generally; all the animals used by man tor labor or food. Animals of the bovine genus. Ina wider sense, all domestic animals used by man
In English law. A right to pasture cattle in the land of another. It is a distinct and several interest in the land, passing by lease and release. 13 East, 159; 5 Taunt. 811.
A device to prevent cattle from straying along a railroaid-track at a highway-erossing. Century Dict. See 31 Kan. 837, 2 Pac. Rep. 800.
A land’s end, or the bottom of a ridge in arable land. Cowell.
Wighroads or ways pitched with flint or other stones.
In the civil law. Aninnkeeper. Dig. 4, 9, 4, 5.
In the civil law. An inn or tavern. Inst. 4, 5, 3.
In the civil law. Innkeepers, Dig. 4, 9; Id. 47, 5; Story, Ag. ‘§ 458.
Italian merchiunts who came into Eng)and in the reign of Henry
The immediate cause; the last link in the chain of causation, Causa causantis, causa est causati. The cause of the thing causing is the cause of the effect. 4 Camp. 284; 4 Gray, 39
For the pur- CAUSA JACTITATIONIS MARITA-
A summons to take up the cause. A process, in the civil law, which issued when one of the parties to a suit died before its determination, for the plaintiff against the defendant's
In contemplation of approaching death. In view of death. Commonly occurring in the phrase donatio causa mortis, (g. v.)
The reason is open, obvious, plain, clear, or manifest. A common expression in old writers. Perk. c, 1, 8§ 11, 14, 97.
The immediate, nearest, or lalast cause, Causa proxima, non remota, spectatur. The immediate, not the remote, cause, is looked at, or considered. 12 East, 648; 3 Kent, Comm. 302; S